Home secretary to face scrutiny over changes to rules for legal migrantspublished at 15:27 GMT

15:27 GMT

Chris Mason
Political editor

At the heart of the debate around legal migration are contested notions of fairness.

Home Secretary Shabana Mahmood has talked of her parents coming to the UK from rural Kashmir. Now, this daughter of immigrants is responsible for reshaping the very system that brought them here decades ago – and doing so in a way that both her party and the country regard as fair.

"Fair to those who seek a new and better life here, like my parents did. And fair to those already here, including British workers, and especially the young," is how Mahmood put it in her speech to the Labour Party conference in September.

The debate has come at a time of huge legal immigration in recent years and during a period in which Reform UK have been particularly prominent in the national political conversation.

Both of these things are factors in Labour wanting to be seen to be taking people's concerns about the scale of arrivals seriously.

But her political opponents smell what they see as weakness and retreat, with parts of her original plan now being revised, as the BBC's Iain Watson reported over the weekend.

You can read Chris Mason's full analysis here.

The most recent immigration figures showed net migration was at its lowest level since 2012, excluding the Covid pandemic.

Data released by the Office for National Statistics (ONS) in May showed that migration added 171,000 people to the UK's population last year, almost half the number seen in 2024.

The data also revealed that 93,525 people claimed asylum in the UK in the year to March 2026 - down 12% on the year prior, but still more than double that seen just before the pandemic.

The ONS said net migration continued to fall to levels last seen in early 2021 - when a new immigration system was introduced and Covid travel restrictions were in place.

Policy changes from early 2024 under the former Conservative government are likely to have made an impact on the net migration figures, including most overseas students being restricted from bringing family members to the UK.

The Labour government has retained the measures and in some cases expanded on them, including by introducing plans to end the recruitment of overseas care workers.

Image source, PA Media

Prime Minister Andy Burnham says it's "difficult to say" whether legal migration is too high or low in a recorded interview aired ahead of the home secretary's Commons address.

Speaking to ITV, Burnham said legal migration had "come right down" after official data released in May showed net migration had dropped to 171,000 in 2025, nearly half that of the previous year.

"I think when you have planned migration it's difficult to say whether it's too high or too low because it's got to be, if you like, following gaps in the economy, because if you just put a number on it we may have a shortage in a certain area," he said.

However, he said migration overall was in a "much better place" as small boat crossing were also down, with 22,128 arrivals so far this year up to 31 October, down 40% from the same period last year.

"What I have argued is that migration and illegal migration changed significantly with Brexit and I think we’ve got to be honest about that," he said.

Image source, Getty Images

Mahmood has faced opposition from within the Labour Party over proposals to impose new rules on migrant workers already in the UK.

Before she re-joined the cabinet, Angela Rayner, who is now housing secretary, described the proposals as "un-British" because they sought to change the rules for people who had come to the UK in good faith.

Trade unions had also put pressure on the government to soften its proposed changes, with delegates at the Trades Union Congress (TUC) backing a motion calling for any changes affecting workers already in the UK to be withdrawn.

Prime Minister Andy Burnham said in late September the reforms would need to "strike the right balance".

"But it just reflects that there's a consultation, there's different not just opinions from politicians, but obviously there's a range of views that have gone into that consultation, so we're in the process now of looking at that," he told LBC at the time.

In September, a Conservative spokesperson said: "Shabana Mahmood has caved in to pressure from Angela Rayner and her open borders MPs and will shred her own plans to reform indefinite leave to remain."

Image source, EPA

This afternoon's Commons statement comes weeks after the home secretary signalled she was willing to rethink her plans at Labour's conference in Liverpool in September.

Mahmood acknowledged "some have said elements of these reforms are not fair" after mounting pressure from within the party.

She told delegates the government would "come to a position that balances fairness for those who came here legally and fairness to British citizens across this country".

"Fair to those who seek a new and better life here, like my parents did, and fair to those already here, including British workers, and especially the young," she said.

"That same principle underpins my reforms to the right to live here indefinitely, ensuring settled status is earned by those who have shown a consistent commitment to this country."

'Indefinite leave to remain' refers to immigration status.

If you have indefinite leave to remain (ILR), it means there is no time limit on your ability to stay in the UK, and you are able to take up employment, self-employment or study.

People with ILR are also able to access public funds such as welfare benefits.

ILR approximates the concept of permanent residency in other countries, though that term has a different meaning under EU law.

It can lapse if you are outside the UK for a continuous period of two or more years.

ILR is different to the 'right of abode' which is automatically held by all British citizens, valid for life, and does not lapse if you live outside the UK.

Image source, EPA

Home Secretary Shabana Mahmood is expected to announce her final decision on immigration rules for legal migrants in the House of Commons this afternoon.

She had previously proposed to extend the wait for permanent settlement from the current five years to 10, with some lower-paid migrants facing a 15-year wait.

The home secretary was concerned about the number of people who would be eligible for permanent residency after a period of very high net migration under the previous government, known as the "Boriswave".

The BBC understands the proposals are likely to be revised for most of those currently working in social care after Mahmood faced opposition from within the government.

But as originally proposed, it is likely most other workers will have to live and work in the UK for 10 years before being eligible for permanent settlement. That can be reduced if they contribute to their local communities or have higher incomes.

Stay with us as we bring you the latest updates and analysis.